nick2413

Hi All, I'm new to the forum but I've been a long term 'lurker'!

I am currently on an E2 visa sponsored by UK based employer. I just got engaged to my GF who is an American citizen. I've been in a situation where I have despised my current job for the past 4 years and would like to resign asap.

Once my GF and I get married (we decided to elope to get the process started for me sooner) do I just file to change my E2 status to an EAD? If approved will that enable me to seek new employment in the US? I understand I may not be able to leave the US until I am hopefully granted a Green Card which I will apply for once off the company sponsored E2 visa.

If I change from an E2 to an EAD can I quit my loathed job and remain legally in the US?

Many thanks in advance.

Noorah101

Hi and Welcome to BE!

The way it works is this:

1. Marry your girlfriend.
2. After marriage, you need to file the following Adjustment of Status forms: I-130, I-485, I-864, I-765, and I-131, along with the results of a full medical exam done by an approved US civil surgeon.
3. The I-765 is the EAD. After filing the AOS package, it's currently taking about 4 months to get your EAD in hand. You won't be work authorized until you have the EAD in hand. You can quit your E-2 employer right after filing AOS (filing AOS Is what gives you the right to stay in the USA), but you won't be able to work for anyone else until you have the EAD in hand.
4. As for traveling abroad, you can do this once you have your AP in hand. Usually the EAD and AP are issued together as a combo card. The I-131 is the application for AP.
5. Eventually you'll probably have an AOS interview at your local USCIS office. If approved, that's when you get your green card.

You don't actually change from E-2 to EAD, as you posted above.

Rene

civilservant

Your looking at at least another 4-5 months working at the job you dislike, and that's if you get married immediately and file immediately. You can of course begin looking for another job but you won;t be able to start working for them without the EAD in your hand.

Rete

The wiki has a glossary of what the abbreviations means. In short, the EAD is not a status but means Employment Authorization Document. You are not eligible to file for an EAD until you have filed for adjustment of status (AOS). See Rene's post above.

You don't have a grasp of what is involved in changing your status so a bit of research here and at the USCIS website is in order which is understandable. We all were like this at the beginning. Continue posting, asking questions and researching.

1. Find out the correct procedure after marriage to file for adjustment of status;
2. Find out what evidence is needed to be sent with the AOS petition;
3. Print out the AOS I-485 petition and its instruction leaflet;
4. Research the affidavit of support required to be submitted by your spouse (I-864) at the time you petition for AOS;
5. Print out the I-864 and its instruction booklet;
6. Get your evidence in order, i.e. long form birth certificate showing parents names and addresses at your birth;
7. Ask your parent to get your vaccination records from your doctor, if possible, so you don't have to have vaccinations you have already had;
8. And so on.

nick2413

Thank you so much for the kind and thoughtful help. My fiance and I are getting married tomorrow. However, another situation has arisen; a competitor to my current company is interested in hiring me, they are > 50% owned/domiciled in the UK which is the same as my current company.

Can they employ me on my current E2 visa by filing for a transfer on my behalf? Or would I go through the same process as before and start a new E2 application.

Rete

Nick, my suggestion is to ask this same question in the US Immigration Visa section. Many of us are only familiar with the workings of the marriage-based visas and you are asking about an E2. The readers of that forum should be able to assist you with you inquiry.

Congratulations on your wedding tomorrow.